How to identify the infringement of design patent

Legal analysis: the infringement of design patent is as follows: 1. Determine the corresponding technical characteristics of the accused infringing products. That is, according to the necessary technical characteristics recorded in the claim, the technical characteristics of the accused infringing product are decomposed accordingly. 2, determine the scope of protection of the patent right. 3. Compare the necessary technical features recorded in the decomposed claim with those of the accused infringing product.

Legal basis: After the patent right for inventions and utility models is granted in Article 11 of the Patent Law of People's Republic of China (PRC), except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.